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95 articles are classified in All Articles > Legal > Common law


Court throws out hurt and humiliation claim

A former sporting association CEO has failed in his second attempt to win a damages payout for the hurt, distress and loss of reputation caused by his mid-season sacking.

Court orders sacked CFO to return company documents

The Federal Court has ordered a chief financial officer to hand back business records he intended to use in a general protections claim against his former employer, finding a "strong prima case" that by hanging onto them he had breached his contract of employment and corporations law.

Serial fraudster pockets nearly half a million

In what four judges agree is an "extraordinary case" involving a "spectacularly bad witness" and a "serial fraudster", a Swan Hill shop assistant will keep almost half a million dollars in back pay and interest after a full Federal Court confirmed that she had not agreed to work for nothing.

Lawyer loses adverse action, bullying case

A court has found that a law firm acted quickly to investigate claims of harassment by one of its solicitors and was entitled to treat emails from her stating that the employment relationship had broken down as a resignation.

Court refuses injunction in TV network brawl

Both sides are claiming victory in the contractual tug-of-war over veteran programming executive John Stephens, following the NSW Supreme Court's refusal to grant the Ten Network an injunction to stop him taking up a new role with the Seven Network.

Delay in enforcing restraint clause costly for Fairfax

A court has found it seriously arguable that a contractual clause was reasonable in restraining a Fairfax executive from working for a competitor for six months, but refused to order him to comply because the publisher was slow to enforce it and because he had given undertakings not to poach clients or use his former employer's confidential information.

Six month restraint clause reasonable, court rules

An executive must pay his former employer more than half a million dollars for fiduciary and contractual breaches, after the NSW Supreme Court upheld the reasonableness of a contract clause restraining him from working for another advertising agency for six months anywhere in Australia after his employment ended.

Court rules employer disciplinary breach not "trivial", awards compensation

The Federal Court has awarded a nursing assistant $15,500 for her employer's failure to follow the three-strike disciplinary procedure in its enterprise agreement, but rejected her claims that it breached an implied term of trust and confidence in her employment contract.

CBA tells High Court to ignore House of Lords "trust and confidence" ruling

In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.